Decision details

The Panel granted consent to Development Application No. D/2021/1060 subject to the conditions set out in Attachment A to the subject report, subject to the following amendments (additions shown in bold italics, deletions shown in strikethrough):

(2)     DESIGN MODIFICATIONS

The design of the building must be modified as follows:

(a)       The 2x proposed skylight windows to the rear principal roof are to be changed to vertically proportioned windows to be positioned parallel to the slope of the roof, rather than horizontally positioned as proposed.

(b)       The car stacker is not approved and is to be deleted.

The modifications are to be submitted to and approved by Council’s Area Coordinator Planning Assessments or Area Planning Manager prior to the issue of a Construction Certificate.

(11)    MECHANICAL PARKING FACILITIES

 (a)    A report addressing the following is to be submitted with respect to the proposed mechanical parking stackers:

(i)      Confirmation that the provision of parking is in compliance with the relevant Australian Standards for off-street car parking;

(ii)      The predicted noise and vibration levels arising from the car parking area received by occupiers of the building, including references to relevant Standards;

(iii)     Details outlining the day-to-day safety procedures and at the event of mechanical fault and/or breakdown to be implemented;

(iv)     Comply with the manufacture's specification; and

(v)     Any further information requested by the Principal Certifying Authority. 

(b)     The report is to be submitted to and approved by Principal Certifying Authority prior to the issue of any Construction Certificate. 

(27)    STRUCTURAL INTEGRITY OF RETAINED BUILDING ELEMENTS AND SANDSTONE BOUNDARY WALLS

Prior to a commencement of demolition, excavation or construction work, a report or certification from a practicing structural engineer experienced in dealing with heritage buildings must be submitted to and approved by Council’s Urban Design and Heritage Manager / Area Coordinator Planning Assessments / Area Planning Manager. The report must explain how the retained building elements, such as building facades or chimneys, and the sandstone boundary walls of neighbouring properties are to be retained, supported and not undermined by the proposed development (including as a result of vibration) and give details of any intervention, management measures (such as maximum vibration controls) or retrofitting needed.

Reasons for Decision

The application was approved for the following reasons:

(A)      The development, subject to conditions, is consistent with the objectives of the R1 - General Residential zone.

(B)      The design of the additions responds appropriately to the scale of surrounding buildings.

(C)      The design and detailing of the development is appropriate to the building type and location and will not give rise to significant adverse environmental impacts on neighbouring properties. The development therefore exhibits Design Excellence pursuant to the provisions of Section 6.21C of the Sydney LEP.

(D)      The development is compatible with the character of the Oxford Street and Victoria Street Heritage Conservation Area.

(E)      Appropriate conditions are recommended to ensure the development does not detrimentally impact on the heritage significance of the site.

(F)      The development will not adversely affect the character of the Darlinghurst West locality.

(G)      The development will not unreasonably compromise the amenity of nearby properties.

(H)      The development accords with objectives of relevant planning controls.

(I)        Condition 2 was amended, and Condition 11 deleted, due to concerns about the operability and traffic impacts to neighbouring residents including noise and duration of movements in and out of the premises onto the narrow lane during use of a car stacker, which is not approved.

(J)       Condition 27 was amended to address neighbouring residents’ concerns about construction impacts on boundary walls.

Carried unanimously.

D/2021/1060